line up along the side of the room. >> my name is douglas yapp and i've lived in san francisco for 60 years. i'm not taking an official position on this ordinance but i would like to take this opportunity to question whether the gay community in supporting this ordinance has even discussed the subject of a dead gay man who died in 1999. i think the time used for this discussion on this ordinance would have been better used to find out why this gay man, who was a city employee at san francisco general hospital, and he worked side by side with me, why the city has actively in my opinion blunted any inquiry into his death. and i would urge that the owners of this bar do the public service by asking why any supervisor for this

district so far has refuetzd to step forward and ask what happened to joseph malison, why was this gay man in my opinion bullied and forced to die a gruesome death while a city employee. it's been 13 years and some people i know down in new orleans said that there's such a thing as a curse and maybe the curse of joe might be one of the reasons why the gay community has not been flourishing during the last 13 years. thank you. >> next speaker, is there anyone else who would like to speak? seeing none, public comment is closed. colleagues, can we move this forward without objection? >> item 5 is an ordinance amending the health code to prohibit smoking at certain outdoor events. >> thank you, colleagues, i am the sponsor of this item. i am

urging your support for this legislation that would make our outdoor fairs and events on city property smoke free. san francisco is a mecca for exciting diverse free street events and festivals from the cherry blossom festival to carnival and the haight street festival to the fillmore jazz festival. our city offers an amazing array of opportunities for city residents and tourists to enjoy themselves on public streets but though they are open to everyone, including youth and families, in 2010 there were about 350 different street events in san francisco but this effort is to try to create more smoke free environments at these festivals. many of you already know that exposure to secondhand smoke kills over 73,000 non-smokers each year in the u.s., so it's definitely second hand smoke is

a toxic substance that leads to death of many non-smokers in the u.s. and at outdoor events it may exacerbate people's health issues, especially if you have asthma or other respiratory ailments and especially harmful for youth and elderly as well as individuals with these types of illnesses. according to the u.s. surgeon general, there's no safe level of exposure to second hand smoke and it's a cancer (inaudible) as well. outdoors second hand smoke that reach the same levels as indoughs so it's really not safe. for many months breathe california , as an institution working to create this ordinance that would require that a no smoking sign be posted on all street events,

that several announcements be made to indicate that events are smoke free and that all promotional materials and advertising materials in events include information that the event is smoke free and in case of a violation, the director of transportation and iscad, which is kind of our coordinating agency in the city, will consider any prior violations of this ordinance on all permit applications for outdoor events requiring their review and approval. this proposed ordinance is endorsed by quite a few community organizations including the san francisco asthma task force, the tobacco free coalition, the african american tobacco control leadership council, philipino american leadership council, freedom from tobacco, girls afterschool academy and sunset russian tobacco education project and many more. i also will be introducing a couple minor amendments that i will mention kind of towards the end, but i wanted to say that we're not going to have a

formal presentation but i wanted to thank karen nikovoli and rosalee from breathe california for their great work in crafting this legislation and working with many event coordinators as well. miss labasee and miss shanban are here as well. let's open this up for public comment. i know we have a number of speaks from breathe california and other organizations as well. if you would like to speak, please come forward. is karen nikoboli in the audience? if anyone else would like to speak, please line up on the side of the room if you can. >> good afternoon, my name is

ernestine weiss and first of all, eric, i want to congratulate you on this legislation. it is so needed i cannot tell you enough. it is incredible that we have to be exposed to smoke that leads to cancer. you walk along the sidewalk and people puff right into your face. it's awful. you really have to walk with a mask on it's so prefl leapt. i yell at all these young people with cigarettes in their hands, throw it away, it's poison. some thank me and some look at me askapbs like what do i know. my father and brother died from this, unnecessarily, my father at 41 and i was only 6 years old and i never forgot it because it deprived me of his love and caring all my life. and my brother luckily lived to be 72 because he quit at one time and then he went back and all of a sudden he had a headache, they found that he

had brain cancer and it started in his lungs. so it was from all the accumulation of those years that he did smoke, so stopping doesn't guarantee that you will be free of disease. so please do everything you can to stop smoking everywhere in this city, not just at events, everywhere. i can't say it enough. it kills more people than automobiles, than any other illness listed. thank you. >> thank you, miss nikobali, thank you for 144 years of breathe california. >> thank you very much, my name is karen nicoboli, i'm with breathe california and this is my 20 years. this legislation is indicative of

your efforts from concerned board members that has historical significance as well. i urge you to support this legislation. it's a win-win for the city. there's no financial burden. we expect this to be a self-enforcing legislation like other legislation that the board has passed in the past so that people will become familiar with the fact there's, coming to san francisco events is smoke free and they'll know what to expect and also gives people who are smokers so that they are also empowered to take public health into their hands. i want to thank you very much, supervisor mar, you are a great non-smoking champion and i want to thank you for supporting this legislation. thank you this legislation. thank you very much (brief pause in

captioning).

because that community smokes twice as much as the general population. the research shows the reason we smoke so much more is because of homo phobia. 90 percent of people start smoking before they are 18 years and it is during the teen years when queers face the toughest times. because of the added pressure faced by lgbt teens and the limited options they face, many more of us become smokers. add priet and many other community affairs we breathe a lot of second hand smoke. it is highly ironic that an event that is meant to celebrate freedom from homo phobia. how appropriate it would be for pride to openly recognize the connection between homo phobia and smoking by actively promoting pride as

a smoke-free event. freedom from tobacco took a survey from pride attendees to determine how they felt about second hand smoke and although our questions were about outdoor bar palt owes the question is relevant here as well. 80 percent of the over 18 pride attendees we surveyd in 2011 said they are bothered by second hand smoke on bar patios and understand it is harmful. since the environment on an outdoor bar patio is not that different, it makes sense that they would also want pride to be smoke free. >> good afternoon, supervisors, my name is kimberlee long and one of the project advocates. for as long as i can remember i've been

attending street events with my dad and he would allow me to go under one condition, as long as i had my inhaler. second hand smoke is a quick trigger for my asthma attacks and knowing that, it drove him nuts trying to have everything ready for me just in case. making these events smoke free will mean those who have issues breathing won't have to worry about that before. there's no safe level of secondhand smoke so i truly urge you to support this. >> thank you. if there's anyone else that would like to speak, please come forward. next speaker. >> my name is stef fan white, i am a tenant at 922 post street. i'm here because i understand that right now the law basically says that landlords can bar tenants from smoking in the common areas of buildings like the lobby and

the hallways but it's not allowed to bar smoking in individual apartments. the problem with that is --. >> mr. white, i think that might be the next item that you want to speak on. >> i'm sorry, i thought this had to do with that. >> the smoke-free housing disclosure is the next item. >> i'm sorry, you want me to --. >> yes, if you could stick around. next speaker. >> good afternoon, supervisors. i would like to speak in opposition to this item and the reason i feel that way is that even though smoking is so much, causing so much damage, i think if we're going to single out smoking there should also be a concurrent discussion of banning automobiles in san francisco, banning liquor in san francisco, and banning industry in san francisco because i think those three contribute a

lot more damage to san francisco citizens than smoking. the logic used that i heard earlier if you apply it to those other three different things is really more important than just singling out smoking alone. if i remember my german history, a certain dictator singled out a certain group because he thought they were responsible for whatever he thought was wrong. we should not apply that same logic here and if we're going to be consistent in our treatment of causes of problems in san francisco, we should be discussing the other three at the same time, namely industrial pollution, automobile and truck pollution, and dangers of overuse of alcohol. so i would say that if the

previous speakers were consistent in their logic they would be speaking out for those other three items at the same time as smoking and if you're going to single one item rather than the other three, i have to remind you in good conscience that this is what adolf hitler did, he singled out a certain graup and obviously he made the wrong decision. so let's not follow that same logic. >> mr. paulson. >> (singing) you asked me if i knew my city event was true and i of course replied when you take an exhausting ride, smoke gets in your eyes. and i said some day we'll find a city that

really shines and then i applied when you -- this clean air is mine don't let smoke get in your eyes. then some day we'll find a city that really shines and then i of course replied when a city dies smoke gets in your eyes. don't let it get in your eyes and i really wanted to shine and it's going to be divine, smoke gets in your eyes. don't let it. >> thank you. mr. acosta if there's anyone

else that would like to speak, we're going to close public comment right after this. >> i commend you for taking the time to put this resolution and this ordinance. now, while one gentleman said he was against it, our good friend, ernestine weiss, was in shock somebody could say something like that. but that's what happens in san francisco, we allow people to express themselves. that's their prerogative. but to the young people here, and that's the way to do it. we have to leave a legacy that our young people fight what is right and do what it takes to make this universe a better place. in this city we have an ordinance called a precautionary principle. you know about it. basically what a precautionary principle says that we have to protect all

life. and if there are any adverse impacts that they be in many of the things that have been stated here contamination, pollution, then we have to stop and reflect. and you know, supervisor, that we have ordinances that prohibit smoking at bus stops. but we have no signs. that's the least we can do, we should put signs there so that people can at least stop somewhere, at bus stops and stop smoking because that smoke -- and blow the smoke in the face of all the people in the bus stop. this is a very good ordinance. we have our elderly like ernestine weiss, we have our young people, that's what you have to do, come to city hall and speak your mind and speak for what is right and what is good. thank you very much. >> thank you.

seeing no other public commenters, public comment is closed. colleagues, are there any questions or comments? then let me ask i think it's city attorney john gibner, we have some amendments, is that right, for this item, or was it the next item, mr. gibner. >> deputy city attorney john gibner. i believe on this item you have written amendments, on the next item you have written aamendments and some additional amendments i'd like to make orally. >> these are not substantive ones that change the numbers and each of you has a copy of them so if there are no questions on those amendments, actually i'm just wondering if my colleagues had any comments. supervisor wiener. >> thank you. thank you, chairman mar for authoring this legislation and for all your work around second hand smoke issues. i'm very supportive of

this legislation. we need to have public places where everyone is able to use those places and you don't have some people doing things that make it harder for other people to be there. i think this moves us in that direction. i do have one question for the city attorney, i think the answer is yes but i want to make sure. my reading of the definition of outdoor event, i think would include parklets and i'm curious to know if the city attorney is in agreement. >> deputy city attorney john gibner again. yes, the definition of outdoor event would include parklets. >> even if the parklet is there 24/7? >> right, the park must be approved by the director of transportation under article 6, yes. >> thank you, that's a very good thing. i know there's been a little bit of ambiguity

about whether parklets, whether it's already prohibited to smoke in parklets. they tend to have, some of them have signs saying no -- i think it's -- some of them already have signs saying no smoking but it's good to have legislation supporting them. >> neighborhood block parties are exempted which are sponsored by a neighborhood organization or individuals so they are not included in this legislation. so, colleagues, if there are no other questions can we take the amendments without objection? thank you. and can we pass this forward with a positive recommendation without objection? >> yes. >> thank you. >> mr. chairman. >> supervisor wiener. >> i stepped out for a minute around item 3 and i wonder if we could rescind that vote so i can vote in favor of item 3? >> colleagues, can we rescind item 3 without objection? miss miller, can we have another

motion? we're going to support item no. 3 with a positive recommendation without objection. miss miller. >> item 6 is an ordinance amending the health code diskloeging landlord's prohibition of smoking in residential rental units. >> this item is sponsored by me. this is the smoke free housing disclosure policy. it's a common sense measure for maximum notification of smoke free units in our multi unit buildings. so, colleagues, i'm asking for your support. i think this is important because it's bringing together not only tenant organizations but also the

landlord organizations, the san francisco apartment association, with the mission sro collaborative which was the major impetus with other tenant organizations in supporting this to create stronger public health policies and to limit second hand smoke in multi unit buildings. the hazards as we said before of second hand smoke is well documented. there's no safe exposure level, it's cancer-causing, it's toxic, it leads to thousands and thousands of deaths each year and by limiting access to second hand smoke, it's protecting people's health. also, when people live in close proximity to units where there are smokers in apartment buildings or multi unit buildings, they are in danger of the smoke seeping into or kind of coming into their units or common areas as well and this can result in prospective tenants really being exposed to hazardous air in their buildings.

i think this is an important measure, too, that will really help prospective tenants finding out more where they may be exposed to second hand smoke but it's usually after they sign a lease right now where people find this out. so this is a measure developed jointly by the mission sro collective and the san francisco (inaudible) to make an informed decision about the unit under consideration and if it meeting their needs. this disclosure policy also benefits land lords by reducing nuisance complaints regarding secondhand smoke. specifically, we'll hear from some republics -- reps from the department of public health, this requires landlords disclose units as smoke free or

smoking optional. no leases can be changed midway through tenancy and thanks to the tenant associations for advocating strongly. owners must include the smoking designation in the unit in the residential vacancy listings and to any applicant prior to entering into a lease agreement. no. 3, owners must provide a list to rental applicants who are offered the unit showing the designation of all units in the building that are smoking optional. this list will be updated and available to all tenants. lastly, owners of -- this is a phase in process built in. owners of smaller buildings of 50 units or less have one year to apply and owners of 50 units or above have two years to comply. this brings san francisco into line with a number of other cities that

have recently passed ordinance, oakland, belmont and novato have recently passed legislation. this ordinance would increase public awareness and really raise awareness that we need to create more smoke-free housing in our buildings and throughout our neighborhoods. the version of this ordinance that you see before you is an amendment of the whole where the requirement that land lords report both smoke free and smoking optional units has been amended to only require reporting of smoking optional units. again i want to thank the tenant organizations and apartment association for their leadership but especially aliana caruco from the department of public health and desiree for drafting the ordinance. with that, i'd